REFINANCING OF NOTES Sample Clauses

REFINANCING OF NOTES. 41 SECTION 14. MISCELLANEOUS..............................................44
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REFINANCING OF NOTES. So long as no Lease Default or Lease Event of Default shall be in existence, the Lessee shall have the right not more than twice during the Term of the Facility Lease to request the Owner Participant and the Owner Trustee to effect an optional prepayment of all, and not less than all, of the Notes pursuant to Section 2.10(e) of the Indenture as part of a refunding or refinancing operation. As soon as practicable after receipt of such request, the Owner Participant and the Lessee will enter into an agreement, in form and substance reasonably satisfactory to the parties thereto, as to the terms of such refunding or refinancing as follows:
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REFINANCING OF NOTES. Except to the extent required by the terms of the Opco Indenture, the Company will not permit Opco to prepay all or any part of the Indebtedness outstanding under the Opco Indenture without repaying the Notes issued hereunder on a pro rata basis at the same time and otherwise in accordance with Section 8.2. Unless earlier prepaid, the Company will refinance the Notes issued hereunder at maturity on a pro rata basis at the same time that the Indebtedness outstanding under the Opco Indenture is refinanced.
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REFINANCING OF NOTES. So long as no Lease Default or Lease Event of Default shall be in existence and the ClO2 Lessee shall be simultaneously exercising its right under Section 13 of the ClO2 Participation Agreement corresponding hereto, and so long as Lessee has not given notice of its election to purchase under Section 19 of the Facility Lease, the Lessee shall have the right not more than twice during the Term of the Facility Lease to request the Owner Participant and the Owner Trustee to effect an optional prepayment of all, and not less than all, of the Notes pursuant to Section 2.10(e) of the Indenture as part of a refunding or refinancing operation. As soon as practicable after receipt of such request, the Owner Participant and the Lessee will enter into an agreement, in form and substance reasonably satisfactory to the parties thereto, as to the terms of such refunding or refinancing as follows:
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REFINANCING OF NOTES. Upon compliance with the terms and conditions of this Article XI, including without limitation the satisfaction of the conditions set forth in Section 11.02 hereof, and of Section 2.3 of the Indenture, Lessee shall have the right to request Owner Trustee to, and upon such request Owner Participant, Owner Trustee and Indenture Trustee shall cooperate in good faith to, take such steps as may be necessary to refinance all (but not less than all) of the Notes then outstanding (the “Refinanced Notes”) on one occasion when Lessee is Investment Grade and one occasion when Lessee is not Investment Grade, in each case through the issuance and sale in the public or private market of other notes (the “Refinancing Notes”) in an aggregate principal amount which shall be equal to the unpaid principal amount of, and accrued interest on, the Refinanced Notes plus, subject to the limitations set forth in Section 11.02, up to 1% of such unpaid principal amount to cover expenses incurred in connection with such refinancing. The proceeds of such issuance and sale to be applied to prepay the principal amount of and accrued interest on such outstanding Refinanced Notes and the expenses of such refinancing. Subject to the limitations set forth in Section 11.02, the amortization or sinking fund schedules for the Refinancing Notes may be different from such schedules for the Refinanced Notes. As a condition to such refinancing, Lessee will be liable for, and shall pay, on an After-Tax Basis, the reasonable expenses (including attorney’s fees and internal costs) incurred by Owner Trustee, Indenture Trustee and Owner Participant in connection with such refinancing (whether or not such refinancing shall be consummated, so long as the failure to consummate such refinancing does not result solely from a default by Owner Participant in its obligations hereunder) and upon the closing of such refinancing, Lessee shall pay Owner Participant a fee equal to the product of $250,000 and a fraction, the numerator of which is the principal amount of Notes refinanced pursuant to this Article XI immediate prior to the closing of any such refinancing and the denominator of which is the principal amount the Notes outstanding as of the Closing. Lessee’s right to request, and the obligation of Owner Participant, Owner Trustee and Indenture Trustee to cooperate with any XM-4 Participation Agreement such refinancing shall be subject to the condition that no Bankruptcy Default, Payment Default, Event of ...
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REFINANCING OF NOTES. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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REFINANCING OF NOTES. SECTION 3.01.
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REFINANCING OF NOTES. The Company covenants that it shall, until the Secured Obligations under the Senior Indenture shall have been paid in full, use its reasonable best efforts to refinance the Notes, in whole or in part, in the event a Reset Sale of all or a portion of the Notes is not feasible.
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REFINANCING OF NOTES. (a) Subject to paragraphs (b) and (c) below and Section 5.02(f)(ii) hereof, the Issuer may issue Refinancing Notes pursuant to this Indenture for the purpose of refinancing the Outstanding Principal Balance of any subclass of Notes (including refinancings of Refinancing Notes). Each refinancing of any subclass of Notes with the proceeds of an offering of Refinancing Notes (a "Refinancing") shall be authorized pursuant to one or more Controlling Trustees' Resolutions. Each Refinancing Note shall be designated generally as a "Note" for all purposes under this Indenture, with such further designations added or incorporated in such title as specified in the related Controlling Trustees' Resolutions or in any indenture supplemental hereto providing for the issuance of such Notes or specified in the form of such Notes, as the case may be.
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Related to REFINANCING OF NOTES

  • Ranking of Notes No Indebtedness of the Company, at the Closing, will be senior to, or pari passu with, the Notes in right of payment, whether with respect to payment or redemptions, interest, damages, upon liquidation or dissolution or otherwise.

  • Prepayment of Notes No prepayment of the Notes may be made except to the extent and in the manner expressly provided in this Agreement.

  • Repayment of Notes Each of the parties hereto agrees that all repayments of the Notes (including any accrued interest thereon) by the Company (other than by conversion of the Notes) will be paid pro rata to the holders thereof based upon the principal amount then outstanding to each of such holders.

  • Replacement of Notes Upon receipt by the Company at the address and to the attention of the designated officer (all as specified in Section 18(iii)) of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and

  • Offering of Notes Neither the Company nor any agent acting on its behalf has, directly or indirectly, offered the Notes or any similar security of the Company for sale to, or solicited any offers to buy the Notes or any similar security of the Company from, or otherwise approached or negotiated with respect thereto with, any Person other than institutional investors, and neither the Company nor any agent acting on its behalf has taken or will take any action which would subject the issuance or sale of the Notes to the provisions of Section 5 of the Securities Act or to the provisions of any securities or Blue Sky law of any applicable jurisdiction.

  • Rating of Notes The Depositor shall take all reasonable action necessary to enable each Rating Agency to provide the Notes with the ratings indicated in the Ratings Free Writing Prospectus from the nationally recognized statistical rating organizations named therein.

  • Amendment of Notes Subject to Section 3 hereof, any of the terms or provisions present in the Notes that relate to any of the provisions of the Indenture as amended by this Supplemental Indenture shall also be amended, mutatis mutandis, so as to be consistent with the amendments made by this Supplemental Indenture.

  • Making of Non-Ratable Loans (i) In the event the Agent shall elect, with the consent of the Bank, to have the terms of this Section 2.2(h) apply to a requested Borrowing as described in Section 2.2(f), the Bank shall make a Revolving Loan in the amount of such Borrowing (any such Revolving Loan made solely by the Bank pursuant to this Section 2.2(h) being referred to as a “Non-Ratable Loan” and such Revolving Loans being referred to collectively as “Non-Ratable Loans”) available to the Borrower on the Funding Date applicable thereto by transferring same day funds to an account of the Borrower, designated in writing by the Borrower and acceptable to the Agent. Each Non-Ratable Loan shall be subject to all the terms and conditions applicable to other Revolving Loans except that all payments thereon shall be payable to the Bank solely for its own account (and for the account of the holder of any participation interest with respect to such Revolving Loan). The Agent shall not request the Bank to make any Non-Ratable Loan if (A) the Agent shall have received written notice from any Lender that one or more of the applicable conditions precedent set forth in Article 10 will not be satisfied on the requested Funding Date for the applicable Borrowing, or (B) the requested Borrowing would exceed the Availability on such Funding Date. The Agent shall not otherwise be required to determine whether the applicable conditions precedent set forth in Article 10 have been satisfied or the requested Borrowing would exceed the Availability on the Funding Date applicable thereto prior to making, in its sole discretion, any Non-Ratable Loan.

  • Additional Issuances of Notes Subject to clauses (ii), (iii), (iv) and (v) of Sections 2.02 and Section 2.03 of the Indenture Supplement, the Issuer may issue additional Class A( - ) Notes, so long as the following conditions precedent are satisfied:

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